Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies in relation to a transfer of property if the instrument of transfer
has not been lodged before the end of the period within which it is required
under a stamp Act to be lodged.
(2) Where a person who
is not a party to the transfer —
(a) has
custody or control of the instrument of transfer; or
(b) in
dealing with the property, acts on the authority of, in reliance on or in
pursuance of the instrument of transfer,
the person must lodge
the instrument, or notify the Commissioner about the instrument, as soon as
practicable after the person becomes aware, or ought reasonably to have become
aware, that the instrument has not been lodged before the end of the period
within which it is required to be lodged under a stamp Act.
Penalty: $20 000.
(3) A notification
under subsection (2) must set out, to the extent that the information can
be ascertained from the transfer or is otherwise known to the
person —
(a) the
nature of the transfer;
(b) the
names of the parties to the transfer;
(c) the
date on which the transfer was first executed;
(d) a
summary of the principal terms of the transfer (such as the property to which
it relates and the consideration paid or payable); and
(e) any
prescribed information.
(4) In this
section —
instrument of transfer means an instrument of
transfer, or a dutiable statement, on which duty is payable under item 4
of the Second Schedule;
transfer includes conveyance.
[Section 35 inserted by No. 2 of 2003
s. 22; amended by No. 66 of 2003 s. 107(3).]